HomeMy WebLinkAboutCOUNCIL MINUTES 1951-05-07 SPECIAL Page 400
MINUTES OF THE SEVENTH SPECIAL MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
lio
On May 7, 1951, above meeting was held at 33110 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 10:25 P.M. by
the President Roll was called with the following result. Present--
Harry S Wolfe, Wilson W Edgar, Raymond E. Grimm, Nettie Carey, Harvey Jahn,
William Taylor and John Whitehead. Absent-- None.
By Councilman Taylor, seconded by Councilman Whitehead and unanimously
adopted as follows, it was-
g-"15-6.
as•
/' ''�/5 ( RESOLVED, that the expense account of James L Hagen,
Director of Public Safety, be and hereby is allowed in the sum
of X350 00, as submitted in writing under date of May 7, 1951,
and that the City Treasurer be and hereby is directed to pay
said amount from the contingency fund
The result of the roll call vote on the foregoing resolution was as follows:
AYES. Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe.
NAYS: None.
By Councilman Grimm, seconded by Councilman Edgar and unanimously
adopted as follows, it was .
-5/57 RESOLVED, that the City Engineer, Herald Hamill, submit
to the Argonaut Realty Division of General Motors Corporation plans
and specifications prepared by him, at the request of said Argonaut
Realty Division, for paving certain streets in the vicinity of the
Transmission Plant; that the City of Livonia does hereby agree to
pay 20% of the total cost of the paving of such streets on the
condition that Argonaut Realty Division pay the remaining 80% of such
total cost, it being understood that the City may either pay its
entire percentage of such cost from general funds or may assess all
or part of such percentage to adjoining property owners exclusive
of Argonaut Realty Division, and also on the condition that Argonaut
Realty Division approve said plans and specifications; that the City
Engineer is instructed to endeavor to procure the approval of Argonaut
Realty Division of the above stated proposal together with such plans
and specifications, and to report back to the Council the result of
his efforts
The result of the roll call vote on the foregoing resolution was as follows:
Page 401
AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe.
lioNAYS. None.
The City Clerk was instructed to send a certified copy of the above
resolution to Argonaut Realty Division
By Councilman Jahn, seconded by Councilman Edgar and unanimously
adopted as follows, it was:
A-9- y5-2 RESOLVED, that on recommendation of Herald Hamill, City
Engineer, and Lester French, Director of Public Works, payment to
Davis Construction Company in the amount of $1532.46 by the City
Treasurer, which amount represents the balance due on contract for
construction of Municipal Garage, is hereby authorized, and said
Municipal Garage is hereby accepted as completed according to
contract and the bond furnished by said Davis Construction Company
thereon is hereby discharged
The result of the roll call vote on the foregoing resolution was as follows .
AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe
NAYS. None
By Councilman Jahn, seconded by Councilman Taylor and unanimously
adopted as follows, it was:
/9 `4,5-5/ RESOLVED, that the bill presented by Herald Hamill, City
Engineer, for $22811 80 far preparing plans and specifications and
estimate of cost on improving streets in vicinity of General Motors
Transmission Plant, which bill has been approved by Lester French,
Director of Public Works, be and hereby is allowed by the Council
and payment thereof by the City Treasurer from the contingency fund
is hereby directed, provided, however, that the amount of this bill
shall constitute a portion of the cost of improving said streets
to be assessed against property owners benefited by such improvements
in such manner as may hereafter be determined by the Council
The result of the roll call vote on the foregoing resolution was as follows .
AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe.
NAYS: None.
By Councilman Edgar, seconded by Councilman Grimm and unanimously
adopted as follows, it was :
Page 402
/9
-4/60 RESOLVED, that the City Treasurer, Carl Wagenschutz,
is Hereby authorized and directed to open and maintain a special
account with the First National Bank of Plymouth to be known as
City of Livonia Sewage Disposal System No. 1 Capital Expenditure
Account; that all of the proceeds from the sale of the bond issue
in said Sewage Disposal System No 1 be deposited in said account
and be disbursed therefrom according to law; that all checks drawn
from such account be signed by the City Treasurer and countersigned
by either Harry S Wolfe, President of the Council or Wilson W
Edgar, Vice-President of the Council and that the City of Livonia's
General Fund be reimbursed to the extent of the following amounts :
Engineerts Advance . . $10,000.00
Publication 256 00
Expense 320 00
Inspection Materials . 9.14
Land purdhased for pumping station 2,506.00
(Lot 57 Joy Road Cozy Homesites)
from said Special Account for monies advanced by the City of Livonia
for the benefit of said Sewage Disposal System No 1
The result of the roll call vote on the foregoing resolution was as follows :
AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe
NAYS: None
By Councilman Jahn, seconded by Councilman Whitehead and unanimously
adopted as follows, it was :
/7-5/6 / RESOLVED, that the following permits be and hereby are
granted:
1 Livonia Rotary Club to operate a carnival curing
the dates of May 11th, 12th and 13th at M.R.A. grounds.
2 Livonia Recreation Club to operate a carnival during
the dates of August 20, 1951, through August 25, 1951,
at Six Mile and Middlebelt Roads
on the condition that the Livonia Rotary Club and Livonia Recreation
Club indemify the City against any and all loss which might result
from said operation, and that an insurance policy for such purpose
be submitted and approved by the City Attorney
By Councilman Jahn, seconded by Councilman Carey and unanimously
adopted as follows, it was .
g‘.2, RESOLVED, that the City Treasurer pay the following
respective amounts to the following cemeteries:
Livonia Center Cemetery $150 00
Newburg Cemetery 150 00
Union Cemetery . 150 00
Page 403
Clarenceville Cemetery . $150 00
Total $600 00
and that the above amounts be paid from the contingency fund
for the purpose of assisting in the maintenance of said cemeteries,
The result of the roil call vote on the foregoing resolution was as follows:
AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor
and Wolfe
NAYS• None
By Councilman Whitehead, seconded by Councilman Jahn and unanimously
adopted as follows, it was:
9 C 3 RESOLVED, that to assist the committee heretofore
appointed by the Council, the Mayor is authorized to cause a
survey to be made to determine the respective space and equipment
requirements of the various City Departments and Agencies; that
he be authorized to employ an architect for the purpose of pre-
paring a plan for a new City Hall, with the idea of using the
present building for a Third Fire Hall and thereby achieving
substantial savings in insurance premiums, that a rough draft of
such plan and specifications be submitted to the Special committee
of the Council for its consideration and any changes, and that upon
final report of such committee and final action of the Council,
such plans and specifications be completed and necessary steps
be taken to obtain a license or permit from the National Production
Authority
The result of the roll call vote on the foregoing resolution was as follows:
AYES: Grimm., Jahn, Carey, Edgar, Whitehead, Taylor
and Wolfe.
NAYS: None
By Councilman Edgar, seconded by Councilman Taylor and unanimously
adopted as follows, it was:
2-'/ / RESOLVED, that the City Treasurer, Carl Wagenschutz, be
and hereby is authorized to purchase on approval a Burroughts
Cash Register with an option of later purchasing the same.
The result of the roll call vote on the foregoing resolution was as follows:
AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor
and Wolfe
IL.
NAYS: None
Councilman Taylor introduced the following ordinance:
Page 404
NO 3!t
11.1
AN CitDINANCE REGULATING THE STORAGE, COTY .CTIO^N
AND TRANSPORTATION OF MUNICIPAL WASTE? REQUIRING
A LICENSE FOR SUCH COLLECTION, AND PROVIDING A
PENALTY FOR VIOLATION HEREOF
THE CITY OF LIVONIA ORDAINS•
Section 1 Definitions The following definitions shall apply for
the purpose of this ordinance.
(a) The term "municipal waste" shall include garbage, rubbish and
ashes, as hereinafter defined
(b) "Garbage" is all refuse accumulation of animal, fish, fowl, fruit
or vegetable matter that attends the preparation, use, cooking, dealing in or
storing of meat, fish, fowl, fruit or vegetables
(c) "Rubbish" is all municipal waste material and trash resulting from
housekeeping and ordinary mercantile enterprises The term "rubbish" shall not
include garbage, ashes, waste from building construction, alteration or repair,
earth or dirt from excavations, and unusual or special manufacturing or trade
wastes
(d) "Ashes" consist of the residue of any fuel such as wood, coal,
coke and like substances
Section 2. Purpose. The purpose of this ordinance is to provide a
sanitary and satisfactory method for the storage and collection of municipal
waste, and thus to safeguard public health and welfare
Section 3. Construction This ordinance shall be liberally construed
in order to best accomplish the purpose hereof
Section 4. Receptacles The occupant or occupants of every building
where municipal waste accumu1aes and in the case of a multiple dwelling as defined
in the State Housing Code, the owner, lessee or agent, shall cause to be provided
for said building, kept clean and in place, proper receptacles as herein described.
(a) For garbage, maxed with combustible rubbish, receptacles may be
portable or stationary, so maintained as to be water tight and vermin proof, and
shall be adequate in size and number to hold one weeks accumulation Portable
receptacles shall be of substantial metal construction provided with handles or
bails and a tight fitting cover and no single portable receptacle shall weigh more
than one hundred pounds when full Fixed or stationary receptacles shall be pro-
vided with an opening from which contents are emptied that shall extend from the
bottom across the full width of the receptacle and shall be fitted with a door
hung so that it will remain open without interfering with collection All doors
or covers shall be of heavy metal, with substantial hinges, shall fit tight enough
to exclude flies and shall be maintained in that condition
Page 405
(b) For non-combustible rubbish and ashes, receptacles may be portable
or stationary and shall be of a size and number adequate to hold two weeks
accumulation Portable containers shall be of reasonably substantial construction
to permit handling, shall not weigh more than one hundred pounds each when full
and shall not be of any material which shall constitute a fire hazard Fixed
receptacles shall be made entirely of non-combustible materials and so located
and constructed that ashes and non-combustible rubbish may be conveniently shoveled
directly into collection vehicles. The opening from which the contents are
shoveled shall extend from the bottom across the full width of the receptacle and
shall be fitted with a door hung so that it will remain open without interfering
with collection and maintained to retain ashes and non-combustible rubbish, when
closed Rubbish that is larger than can be contained in receptacles may be
securely tied in compact bundles, not to exceed one hundred pounds in weight,
and placed in a location convenient for collection.
(c) All receptacles shall be located within property lines, except
that in the case of existing structures which extend to the alley or street line,
receptacles for waste may be placed in a public alley or street by permission of
the Department of Public Works Where the property does not abut upon an alley
or street, portable receptacles may be placed as directed by the Department of
Public Works upon the day of scheduled collection
(d) No person shall disturb the contents of any portable or stationary
receptacle or bundle except as provided in this ordinance. All receptacles must
be maintained in a sanitary condition Receptacles that are badly broken, or
constitute a fire hazard or otherwise fail to meet the requirements of this
ordinance may be classed as rubbish and may be collected as such.
Section 5 Separation and Storage All municipal waste shall be
separated and stored, pending collection, as follows :
Garbage and combustible rubbish shall be stored in the receptacles
provided for it in the preceding Section 4 of this ordinance and ashes and non-
combustible rubbish shall be stored in separate receptacles as provided in the
preceding Section 4 of this ordinance. Nothing contained herein shall prevent
the use of ashes or cinders on sidewalks, when ice and snow have accumulated,
in order to make them safe for traffic, or in providing a surface for sidedrives.
Section 6. License for Collection No person, firm or corporation
snail collect, remove or transport any municipal waste within the City of Livonia,
unless such person, firm or corporation shall have first procured a license for
such purpose All licenses for the collection, removal or transportation of
municipal waste shall be issued by the City Council.
Section 7. Application for License Every person, firm or corporation
required to obtain a license for the collection, removal and transportation of
municipal waste shall make application for said license to the City Clerk upon
forms provided by the City Clerk and state under oath such facts as may be
required for the granting of such license, including the following:
(a) The full names, business addresses and residence addresses of all
owners, officers and managers of applicant's business;
Co) The name and address of applicant's business;
Page 406
(c) The routes, districts or territories within which applicant pro-
poses to make such collection or removal of municipal waste;
(d) A description of the vehicles and equipment the applicant proposes
to use in such collection, removal ana transportation;
(e) The location of the place or places to which such municipal waste
is to be transported and the route to be followed in reaching such place or
places; and
(f) Such other information as may be required by the Department of
Public Works
No license shall be granted to any applicant therefor until such applicant has
complied with all of the laws of the State of Michigan and ordinances of the
City of Livonia pertaining to the collection, removal and transportation of
municipal waste; nor shall such a license be issued until the application therefor
has been approved by the Director of Puhlic Works or his representative, and until
such applicant has paid to the City Clerk a license fee of $25.00 for the first
truck and $10.00 for each additional truck, and has deposited with the City Clerk
a bond as required in Section 8 of this ordinance.
Section 8. Bond and Insurance. Each application for a license shall
be accompanied by a bond in the penal sum of $1000.00 in such form as may be
approved by the City Attorney, which bond shall be signed by an approved corporate
surety duly authorized to do business in Michigan and which bond shall be
conditioned on the due observance during the time of the license of all laws of the
State of Michigan, all ordinances of the City of Livonia and all legal rights of
all persons who are served by or injured by the licensee. Any person aggrieved
by the action of any such licensee shall have a right of action on the bond for
the recovery of money or damages or both Such bond shall remain in full force
and effect for a period of 90 days after the expiration or cancellation of any
such license Each licensee shall carry for each truck public liability insurance
sufficient i pay $10,000.00 for one person injured in an accident, $20,000 00
for all persons injured and $5000.00 for property damage; and shall exhibit to
the City Clerk policies of such insurance
Section 9. Refusal Issuance and Revocation of License Each appli-
cation for license filed in conformance with Sections 7 and d of this ordinance
shall be submitted by the City Clerk to the Council and accompanied by a brief
report of all action taken thereon. Any application for a license may be refused
and any license issued under this ordinance may be revoked, whenever the
applicant or licensee has made a false or fraudulent statement in such application
or in the operation of his business, or whenever such business is conducted in
an unlawful manner or in such manner as to constitute a breach of the peace or a
menace to the health, safety or welfare of the public, or whenever such applicant
or licensee is unable to satisfactorily meet or perform the requirements and pro-
visions of this ordinance and the regulations this ordinance made pursuant to
refusal of an application or revocation of a license, the applicant or licensee
shall have a right to a hearing before the Council and the Clerk, in such case,
shall give the applicant or licensee a written notice of such hearing at least
three days prior thereto.
Page 407
Section 10. Duration of License Each license shall continue for a
period of one year from the date of issuance, except that the same may be revoked
as above provided
Section 11 Rates far Collection. The Council shall fix and determine
reasonable rates to be charged by any licensee for the collection and trans-
portation of all municipal waste
Section 12. Administration. The administration and operation of
this ordinance shall be under the Department of Public Works The Director of
Public Works shall make reasonable rules and regulations covering the storage,
collection and transportation of municipal waste. It shall be the duty of the
Department of Public Works and the Police Department through their proper
officials and agents to enforce the provisions of this ordinance.
Section 13. Exceptions. The provisions of this ordinance shall not be
applicable to the storage and use of municipal waste on any farm or farms situated
within the City of Livonia; provided, however, that the term "farms is hereby
defined as an A-G-1 or an A-G-2 district as such districts are defined in the
Zoning Ordinance of the Township of Livonia which was adopted by the City of
Livonia in Ordinance No 7, and, provided further, that this exception shall not
exist in case such storage or use of municipal waste is carried on in an unhealthy
and unsanitary manner as to constitute a menace to the health and welfare to the
public and a nuisance to the surrounding area
Section 14. Offenses. Any storage, collection or transportation of
municipal waste, except as permitted and regulated herein, is hereby declared
to be a nuisance and is prohibited Any dumping, depositing or throwing of
any municipal waste on any of the streets, alleys and public thorofares of the
City of Livonia, or on private property adjacent thereto, except as heretofore
provided and except on the City dump is hereby declared to be a nuisance and is
expressly prohibited
Section 15 Penalty Every person convicted of a violation of this
ordinance shall be punished by a fine of not more than $500 00 or by imprisonment
of not more than 90 days or both such fine and imprisonment in the discretion •
of the Court Each act or violation and every day upon which any such violation
shall occur shall constitute a separate offense
Section 16 Repeal. All ordinances or parts of ordinances in conflict
or inconsistent herewith are hereby repealed
Section 17 Severability. In the event any portions of this ordinance
are held invalid for any reason, then such holding shall not affect the remaining
portion of this ordinance
Section 18. Effective Date. This ordinance is hereby declared necessary
for the preservation of the public health and safety and shall oecome effective
immediately upon publication
The result of the roll call vote on the foregoing ordinance was as follows:
AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe
NAYS. None
Page 408
lig The President declared the above Orainance passed as an emergency ordinance
to become effective on the date of publication, May 18, 1951
On motion of Councilman Jahn, seconded by Councilman Whitehead and
unanimously passed, the meeting was adjourned at 12 :00 P M
-
—&_, 1- It Clark, City Clerk
Attested:
i
harry S. o eMde/